BILL NUMBER: AB 868	CHAPTERED  10/10/99

	CHAPTER   943
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JUNE 10, 1999

INTRODUCED BY   Assembly Member Cardoza

                        FEBRUARY 25, 1999

   An act to amend Sections 9712 and 9740 of, to add Section 9710.5
to, and to add Article 6 (commencing with Section 9745) to Chapter 11
of Division 8.5 of, the Welfare and Institutions Code, relating to
elderly persons.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 868, Cardoza.  Long-Term Care Ombudsman Program.
   Existing law, as part of the Mello-Granlund Older Californians
Act, provides for the Long-Term Care Ombudsman Program, headed by the
State Long-Term Care Ombudsman in the California Department of
Aging.  Under this program funds are allocated to local ombudsman
programs to assist elderly persons in long-term health care
facilities and residential care facilities by, among other things,
investigating and seeking to resolve complaints against these
facilities.
   This bill would encourage the director to do certain things with
respect to publicizing a vacancy in the office of the State
Ombudsman, and would revise the standards of training and experience
required of the State Ombudsman.
   Existing law requires the department to establish an 11-member
advisory council to provide advice and consultation to the State
Long-Term Care Ombudsman on issues affecting the provision of
ombudsman services and recommendations as appropriate.
   This bill would require the council to review any proposed policy
changes to the operation of the State Long-Term Care Ombudsman
Program, and permit the council to make recommendations, as
specified.
   Existing law permits the department to adopt regulations,
including emergency regulations, implementing the Mello-Granlund
Older Californians Act.
   The bill would require the department to adopt regulations
implementing the State Long-Term Care Ombudsman Program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9710.5 is added to the Welfare and Institutions
Code, to read:
   9710.5.  (a) The Legislature finds and declares as follows:
   (1) The position of State Ombudsman is extremely important to the
successful coordination of ombudsman services at the local level.
   (2) The position of State Ombudsman requires both an extensive
background in social or health services programs, and an ability to
manage and motivate individuals and groups.
   (3) Remuneration for the position of State Ombudsman should be
commensurate with the demands of the position.
   (b) The Legislature, therefore, encourages the Director of the
California Department of Aging, to do all of the following:
   (1) Provide widespread notification of the availability of the
position of State Long-Term Care Ombudsman in order to reach the
greatest number of qualified candidates and hire the most capable
individual for the position.
   (2) Within 10 days of the occurrence of a vacancy, publicly
announce the vacancy and solicit candidates for the position.
   (3) Within 30 days of the occurrence of a vacancy, convene a
meeting with the advisory council established by Section 9740, for
the purpose of obtaining the advice, consultation, and
recommendations of the council regarding the selection of a
candidate.
  SEC. 2.  Section 9712 of the Welfare and Institutions Code is
amended to read:
   9712.  (a) (1) The State Ombudsman shall possess at least a
bachelor's degree, and have a minimum of five years' professional
experience that shall include at least three of the following four
areas:
   (A) Gerontology, long-term care, or other relevant social services
or health services programs.
   (B) The legal system and the legislative process.
   (C) Dispute or problem resolution techniques, including
investigation, mediation, and negotiation.
   (D) Organizational management and program administration.
   (2) The professional experience described in paragraph (1)
requires any reasonable combination of the fields described in
subparagraphs (A) to (D), inclusive, of that paragraph for a total of
five years, and does not require five years' experience in each
area.  At the discretion of the director, a master's or doctorate
degree relevant to a field described in paragraph (1) may be
substituted for one or two years, respectively, of professional
experience.  However, the applicant's professional experience and
field of study leading to the master's or doctorate degree shall,
nevertheless, include all of the fields described in paragraph (1).
   (b) The State Ombudsman may not have been employed by any
long-term care facility within the three-year period immediately
preceding his or her appointment.
   (c) Neither the State Ombudsman nor any member of his or her
immediate family may have, or have had within the past three years,
any pecuniary interest in long-term health care facilities.
  SEC. 3.  Section 9740 of the Welfare and Institutions Code is
amended to read:
   9740.  (a) The department shall establish an 11-member advisory
council for the office.  Members of the council shall be appointed by
the director, and shall consist of representatives of community
organizations, area agencies on aging, two long-term care providers,
federal Older Americans Act funded direct services providers, the
commission, the California Long-Term Care Ombudsman Association,
county government, and other appropriate governmental agencies.  The
director shall make the appointments from lists of no less than five
names submitted by each of the designated entities.
   (b) The advisory council shall provide advice and consultation to
the State Long-Term Care Ombudsman Program and the director on issues
affecting the provision of ombudsman services, including the review
of proposed policy changes to the operation of the program, and may
make recommendations, within 30 days, as appropriate.  The advisory
council shall meet at least three times annually.  Representatives on
the advisory council shall receive their actual and necessary travel
and other expenses incurred in participation on the advisory
council.
  SEC. 4.  Article 6 (commencing with Section 9745) is added to
Chapter 11 of Division 8.5 of the Welfare and Institutions Code, to
read:

      Article 6.  Regulations

   9745.  The department shall adopt regulations to implement this
chapter in accordance with the Administrative Procedure Act, Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.  The initial adoption of any emergency
regulations after January 1, 1999, shall be deemed to be an emergency
and necessary for the immediate preservation of the public peace,
health and safety, or general welfare.  Emergency regulations adopted
pursuant to this chapter shall remain in effect for no more than 180
days.
